HUSBANDS OPPOSING TRANSFER PETITIONS BY WIFE IN SUPPREME COURT: A FAIT ACCOMPLI
- Tanya Shree
- Sep 16, 2023
- 1 min read
The general perception is that Transfer Petition filed by wife in Supreme Court is almost inevitably allowed by the Apex Court. This results in husbands not opposing such Transfer Petitions by not even entering appearance in the matter, thinking it to be fait accompli.
While, it is true that as a general rule, the convenience of wife is taken into account by the Apex Court in granting transfer of the matrimonial dispute at the instance of wife, but depending on specific facts of the case, the Court may decline to transfer the case at the instance of wife.
One such case in point in the below mentioned order by the Hon’ble Court wherein the Hon’ble Court declined to transfer at the instance of wife, the Divorce case filed by the Husband, taking into account the conduct of wife.
Facts of the case was that the Husband was being abused (mentally and physically) by wife at their place of residence in town (X). Therefore, he went back to his home town (Y) and instituted a Divorce Proceedings at Y. The wife after receipt of the notice of the Divorce Proceedings Filed FIR at X without disclosing the said facts in her Transfer Petition. Thereafter, she filed Transfer Petition before Apex Court seeking transfer of the Divorce case filed at Y to her home town (Z). The Apex Court taking exception to the conduct of the Petitioner, declined to transfer the said Petition and deprecated the conduct of wife.
Read full Order here
HUSBANDS OPPOSING TRANSFER PETITIONS BY WIFE IN SUPPREME COURT: A FAIT ACCOMPLI
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